Category Archives: Law

Deadline today: tell FERC hands off solar net metering

A New England group has asked FERC to revoke solar reimbursement plans (“net metering”). This affects all the U.S. If the Federal Energy Regulatory Commission (FERC) agrees, what would affect every rooftop and community solar installation, treating them all like large-scale industrial solar plants. FERC would be in charge of what, if anything, solar panel owners get reimbursed for electricity beyond what they use locally.

You can comment through this convenient web form.

Or use FERC’s efiling system, for FERC Docket No. EL20-42.

Old and new panels
Photo: John S. Quarterman, 2012-01-29.

More information:

Thanks to WWALS member Maxine Connor for the heads-up.

 -jsq, John S. Quarterman, Suwannee RIVERKEEPER®

You can join this fun and work by becoming a WWALS member today!

Online MFL meeting, Santa Fe, Ichetucknee, and Springs 2020-06-16

Online, so you don’t have to travel, you can ask why SRWMD is proposing reductions in the minimum flows of the Santa Fe and Ichetucknee Rivers:

[Entry]
Entry

In Lower Santa Fe and Ichetucknee Minimum Flow and Minimum Water Level (MFL) Frequently Asked Questions (FAQs),

What is the new, proposed MFL?

A minimum flow and minimum water level (MFL) evaluation was used to determine the quantity of water needed to ensure the safety and health of the Lower Santa Fe and Ichetucknee (LSFI) Rivers and associated springs. The new LSFI MFL evaluation has determined that median Santa Fe River flows should be 91.9%near Ft. White and 91% near US Hwy 441 gaging stations, and that median Ichetucknee River flows should be 97.2% at the US Hwy 27 gaging station.To review the 2019 LSFI Technical Document, visit the LSFI webpage.

How does the new, proposed MFL differ from the 2015 LSFI MFL evaluation? Continue reading →

Statement on Environmental Justice –Suwannee Riverkeeper for WWALS 2020-06-08

“Injustice anywhere is a threat to justice everywhere.”

[Statement on Environmental Justice]
Statement on Environmental Justice
PDF

June 8, 2020

Statement on Environmental Justice

Suwannee Riverkeeper and WWALS Watershed Coalition, Inc. protect the Suwannee River Basin for the sake of every person who visits or lives here. Clean water is essential to everyone, regardless of their ethnicity, beliefs, politics, or anything else. However, during the course of our work opposing the Sabal Trail methane pipeline and other advocacy, it became clear that minorities and economically disadvantaged people will disproportionately experience negative effects. We continue to work against such environmental injustice across the entire Suwannee River Basin in dozens of counties in Georgia and Florida. Valuing all the watershed’s inhabitants is entirely compatible with having added concern for those facing added danger.

The killing of George Floyd and many other recent tragedies suffered by people of color show that even if we strive to love our neighbors equally, the threats and injustices they face are not equal. As professionals and volunteers we fight for the human right of clean water. As Dr. Martin Luther King Jr. wrote from a Birmingham jail, “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” It appears to us that the economic forces that drive unnecessary pipelines under rivers and through disadvantaged neighborhoods and that have made it so difficult to oppose pipelines and mines are the same forces that have resulted in so many recent tragedies with little justice. We have always stood for nonviolent advocacy, but we cannot condemn the few who have used other means without also pointing to the large corporations that benefit from subsidies, tax breaks, and legal advantages while so many get nothing.

We seek to listen and learn from our colleagues and neighbors. We do not pretend to be experts on racial issues. Nevertheless, we promote clean water to ensure healthy communities, and we are concerned about all members of those communities: especially the most vulnerable. We stand against racism and injustice in any form.

As one small step, we plan to offer swimming and boating lessons especially to minorities and economically disadvantaged people; please contact us about that.

Meanwhile, an election is in progress. Please look at what each candidate says about environmental issues. If a candidate will not stand up to protect rivers and swamps, you may want to look more closely at their promises about people.

Link to this statement: https://wwals.net/2020/06/08/statement-on-environmental-justice-suwannee-riverkeeper-for-wwals-2020-06-08

For the rivers and the aquifer,
John S. Quarterman
Suwannee RIVERKEEPER®
229-242-0102
contact@suwanneeriverkeeper.org

Open manhole lawsuits

The City of Valdosta is lucky nobody fell into that open manhole it says is part of manhole rehabilitation. That manhole is next to the Azalea Trail where whole families with small children walk, and on Valdosta State University property next to the VSU Recreation Center.

[Manhole dug down]
Manhole dug down

Mario Cattabiani, RossFellerCasey, 20 March 2014, $85 Million Verdict For Student Who Fell Into Open Manhole,

Founding partner Matt Casey argued in court that defendant Trigen-Philadelphia Energy Corp. failed to properly secure the manhole, which had been removed by a homeless man shortly before Gustafsson happened by that fateful day. The trial lasted three weeks, featured thousands of documents and a closing scene that played out as if written in a Hollywood script. As the jury was set to return a verdict, at literally the last minute, the insurer offered to settle the case for $10 million—a sum Casey, in consultation with his client, rejected. Just moments later, the jury awarded the former promising medical student $85 million.

McAleer Law Firm, 21 April 2020, A Plaintiff’s Evidentiary Burden in Georgia Personal Injury Lawsuits against the Government

Recently, a state appellate court issued an opinion in an appeal from a judgment in favor of a plaintiff in her lawsuit against the City of Atlanta. The woman filed a lawsuit to recover for damages she incurred after driving into an open manhole. The woman contended that the government should be liable for her injuries because the manhole was a public nuisance. The city appealed a jury finding in favor of the woman, arguing that the woman did not meet her evidentiary burden.

Under Georgia law, a municipality “may be held liable for damages it causes to a third party from the operation or maintenance of a nuisance, irrespective of whether it is exercising a governmental or municipal function.” To recover for damages plaintiffs must present evidence that: Continue reading →

Okefenokee Swamp more important than a titanium mine –Suwannee Riverkeeper on WKUB 105.1 FM

Update 2020-06-08: Part 2, Please ask your elected officials to stop strip mine near Okefenokee Swamp –Suwannee Riverkeeper on WKUB 105.1 FM.

The Okefenokee Swamp is a gem, locally, nationally, and internationally, too important to risk for profit by a few miners for paint. This is in a radio interview of Suwannee Riverkeeper John S. Quarterman by Brian Blount of WKUB 105.1 out of Blackshear, Pierce County, Georgia, north of Waycross and the Swamp.

[WKUB 105.1 FM]
WKUB 105.1 FM

Here is an introduction by Wade Scott, and my request for people to ask the Army Corps to deny the permit application by Twin Pines Minerals, LLC, or at least to require an Environmental Impact Statement broad enough to cover the whole Swamp and the Suwannee and St. Marys Rivers, as well as the existing titanium mines in north Florida and south Georgia, plus the phosphate mines current and proposed in north Florida. Continue reading →

Toll Roads webinars are illegal: ask Florida Governor to repurpose funds to pandemic relief 2020-05-28

There’s no point in attending the toll roads webinars: instead ask Florida governor DeSantis to use the toll road funds for pandemic relief.

FDOT didn’t listen to First Amendment Foundation: “All portions of the Sunshine Law continue to apply even during this horrible pandemic. No part of the Law has been suspended or modified as applied to state agencies. As a result, I respectfully request that FDOT exercise patience, cancel any and all M-CORES Task Force meetings, and reschedule the meetings only when members of the Task Force and Florida citizens can fully participate in-person and by all feasible means.

Instead, FDOT scheduled more bogus webinars this week, starting tomorrow.

[FAF to FDOT (1 of 3)]
FAF to FDOT (1 of 3)

Better: please ask Florida governor DeSantis to repurpose toll road funds to pandemic relief.

Thanks to the No Roads to Ruin (NRTR) steering committee, here is the FAF letter to FDOT (PDF).

News coverage: Continue reading →

Tens of thousands commented against a strip mine near the Okefenokee Swamp

Hahira, Georgia, May 30, 2020 — From every U.S. state and beyond, tens of thousands comments poured in to the Army Corps against a permit application for a titanium strip mine far too near the unique blackwater gem of the Okefenokee Swamp. The comment period ended Thursday. You and your elected officials can still ask the U.S. Army Corps of Engineers to do the right thing and deny this permit, or at least require an Environmental Impact Statement.

[44,000 commenters against strip mine on a map]
44,000 commenters against strip mine on a map

“With its unique ecosystem and incomparable beauty,” says Suwannee Riverkeeper John S. Quarterman, “the Okefenokee Swamp is a national and international treasure, and the source of the St. Marys and Suwannee Rivers. With its opportunities for boating, birding, fishing, photography, adventure, and hunting nearby attracting 600,000 visitors a year and supporting more than 700 jobs, the Okefenokee National Wildlife Refuge (NWR) provides more economic benefit to each of Georgia and Florida than any other refuge.”

The groups supporting the Swamp and opposing the mine include twenty Waterkeepers from three states, and umbrella organizations Waterkeepers Florida and Waterkeeper Alliance.

Contact: John S. Quarterman, Suwannee Riverkeeper, contact@suwanneeriverkeeper.org, 229-242-0102.

See below for a longer press release from Georgia River Network about the several dozen organizations loosely associated to protect the Okefenokee Swamp from anything that might harm it, such as this strip mine for private profit for paint.

Tens of Thousands Voice Opposition Over Mine Proposed to be Located Next to the Okefenokee Swamp

Continue reading →

Video: Save the Okefenokee; Stop the Mine!

Great video by Georgia River Network asking you to help save the Okefenokee Swamp from a proposed strip mine:

[Jobs]
Jobs

Here’s the video:


Video: Save the Okefenokee; Stop the Mine!
Video by Georgia River Network, thanks to GRN E.D. Rena Peck Stricker.

Gators need water. Continue reading →

Send your comment on GA-EPD Valdosta wastewater Consent Order –Albany Herald

Update 2024-02-22: Slight update on this Consent Order in Valdosta Boone Drive and Knob Hill small sewage spills 2024-02-20.

Update 2023-11-09: GA-EPD Consent Order on Valdosta for One Mile Branch fish kill and sewage spills 2023-09-15.

In the Albany Herald, May 9, 2020, Deadline set to comment on Valdosta EPD Enforcement Order,

The Enforcement Order includes a fine, plus many requirements for management and technology.

“Well, I’m glad they are doing the enforcement order, requiring them to get the fixes in place,” said Deanna Mericle of Hamilton County, Fla., who was among the WWALS members who met with the city of Valdosta back in 2015 about these same sewage issues. “I’m not sure what the $122,000 will be used for, but the fine seems small. I just want the problem fixed for good if possible.”

The rest of the article is from the WWALS press release.

Send your comments by Wednesday, May 27, 2020, to:
   Mr. Lewis Hays
   Manager, Watershed Compliance
   Environmental Protection Division
   2 Martin Luther King Jr. Drive SE, Suite 1152 East
   Atlanta, GA 30334
   Lewis.Hays@dnr.ga.gov
   404-463-4953

This is not the kind of black water we want:

[Photo 4: Confluence of Sugar Creek and Withlacoochee River.]
Photo 4: Confluence of Sugar Creek and Withlacoochee River. By Tim Bonvechio.

The entire 93-page Order is on the WWALS website, here:
https://wwals.net/pictures/2020-04-13–ga-epd-vld-enforcement-order

“This Order has been a long time coming. It includes an outline of a sad history of mistakes and neglect. I hope the Order Continue reading →

Comments open on Georgia call for Valdosta to pay six-figure fine for spilling sewage in river –Georgia Recorder

‘“I commend EPD for doing an order that’s better than I expected, better than a lot of people expected” [Suwannee Riverkeeper John S.] Quarterman said. “There’s still room for improvement.”’

You can comment on the consent order by Wednesday, May 27, 2020, to:
Mr. Lewis Hays, Manager, Watershed Compliance,
Georgia Environmental Protection Division
2 Martin Luther King Jr. Drive SE, Suite 1152 East
Atlanta, GA 30334
Lewis.Hays@dnr.ga.gov
404-463-4953

[Green at the Confluence]
Sara Jones with the Suwannee Riverkeeper prepares to test the water at the Withlacoochee River following a December sewage spill. A Georgia Environmental Protection Division consent order calls for the city of Valdosta to pay a $122,000 fine for sewage spills and permit violations. Scotti Jones

Stanley Dunlap, Georgia Recorder, 5 May 2020, State calls for Valdosta to pay six-figure fine for spilling sewage in river,

The city of Valdosta is facing a $122,000 fine for spilling raw sewage into a creek that flows into a south Georgia river that runs downstream into Florida’s Suwannee River and eventually into the Gulf of Mexico.

The proposed settlement with the state’s Environmental Protection Division is for Continue reading →